Research On Copyright Issues Of Artificial Intelligence Produced Achievements

Increasingly "smart" artificial intelligence has been able to create fruitful results in the fields of music,writing,photography and other fields that are almost the same as ordinary human works.It has completed the transformation from an auxiliary tool to the role of a factual author,and has become a socialist spiritual and cultural product.A source of creation.Because of their special authorship,these production results are difficult to define the legal attributes and rights of rights,and impact the current copyright legal system built around "human authors".New problems arising from the production of artificial intelligence need to be resolved urgently,which triggers follow-up discussions.The full text is divided into four parts.The first part clarifies the concept and development status of artificial intelligence and its results,and it is clear that the object of the study is to be independently generated by artificial intelligence with "deep learning" capabilities,and conforms to the work identification rules in appearance and form.The results.From the perspective of incentive theory and industrial development,it analyzes its necessity to be protected by law,and affirms that it is legitimate to regulate artificial intelligence through copyright laws.The second part proposes the core research questions of this article.This chapter focuses on the three theoretical disputes about the "work attributes" of the artificial intelligence generated results,the qualification of the subject of artificial intelligence rights,and the ownership of the generated results to create benefits.It briefly summarizes the relevant academic views,judicial practices and the author’s comments..The above-mentioned three core issues are interrelated and together constitute the research content of this article,and the following articles are all spread out layer by layer around this.The third part launches a theoretical analysis of the above-mentioned academic disputes.Based on the existing research results,it is not difficult to find that the core divergence of the academic community regarding the identification of the generated results as works lies in the originality determination standard.The different understandings of the originality of the scholars have led to the evaluation of the feasibility of the copyright protection of the artificial intelligence generated results.Fundamental differences.The author points out the objective trend of the evolution of the originality determination standard.The objective standard is a wise move to adapt to the evolution of the copyright law and the development of the copyright industry.Therefore,the generated results meet the originality requirements and affirm the feasibility of being a work.Section 2 analyzes from the perspectives of scientific and technological development and the theory of subject-object dichotomy.It is recognized that the results of artificial intelligence generation have not yet developed to the extent that the legal relationship structure of the existing subject-object dichotomy is overturned and the public is required to accept the machine to obtain the status of "human".Artificial intelligence cannot obtain "legal personality".Section 3 follows the idea of distinguishing between "factual authors" and "legal authors" and follows the old example of my country’s legal person works and movie works fictionalizing non-creative subjects as rights subjects,and affirms that the analogy of artificial intelligence generation results applies to "non-creative subjects" The feasibility of "fiction as the subject of rights",and then analyze the different institutional designs of the ownership of artificial intelligence rights.The fourth part is the construction of a legislative model for the legal regulation of artificial intelligence production results.This chapter intends to sort out and integrate several ways to protect the results of artificial intelligence generation outside the territory.From the perspectives of legislative costs,market benefits,and social effects,it considers the independent legislative protection model and contract.After the advantages and disadvantages of the legal protection model and the receiving right protection model,it is pointed out that we should learn from the special legal protection model of film works,clarify the content of rights,the protection period and the mechanism of infringement liability,and try to build a specific system for the production of artificial intelligence in China.Provide feasible solutions for difficult judicial issues.